Remarks: Excluded from the Act are managerial staff; workers, who conduct work units and are authorized to make autonomous decisions; and home workers. §157

On the 1 January 2009, changes have been introduced to the Employment Relationships Act, inter alia providing for a reduction of overtime work to 170 hours per year. We could not get hold of an English/French version of the text, but will include it as soon as possible.

LEGAL DEFINITIONS

Part-time work(er)

Work which is shorter than full working hours.

Employment Relationships Act §64(2)

Night work(er)

Night work is work between 11 p.m. and 6 a.m. A night worker is an employee working at least three hours of her/his daily working time or who works at night at least one third of full annual working time.

Employment Relationships Act §149, 150(1)

NORMAL HOURS LIMITS

Daily hours limit

General limit

No general daily hours limit.

Historical data (year indicates year of data collection)

2011: No general daily hours limit.

Special categories

» Night work

In a period of four months, the working time of a night worker may not exceed on average eight hours a day. A branch collective agreement can stipulate that the averaging period is prolonged up to six months.The working time of a night worker, who performs a work, when according to the risk assessment there is a higher risk of injuries or damage to health, may not exceed eight hours a day.

Employment Relationships Act §151, 158

» Young workers

8 hour (under 18)

Employment Relationships Act §150(1)

Weekly hours limit

General limit

40 hours

Employment Relationships Act §142(1)

Historical data (year indicates year of data collection)

2011: Full working hours shall not exceed 40 hours a week.

2007: 40 hours

1995: 42 hours.

Reference period(s)

Due to the nature or organisation of the work or the needs or users, the working time may be distributed unevenly. In case of uneven distribution and temporary redistribution of full working hors, the working time may not exceed 56 hours a week. The reference period in which the working hours have to be averaged shall not exceed six month.

Employment Relationships Act §147

Exceptions

The 40 hours limit does not apply to managerial staff and workers, who conduct work units and are authorised to make autonomous decisions.

Collective agreements can provide for normal working time of less than 40 hours, but not less than 36 hours. Collective agreements may provide for full working hours of less than 36 hours per week for jobs with a greater risk of injury or damage to health.

Employment Relationships Act §142(2), 144, 143, 157

Special categories

» Young workers

40 hours (under 18)

Employment Relationships Act §196(1)

OVERTIME WORK

Criteria for overtime

General

The workers shall be obliged to perform overtime work -in cases of an exceptionally increased amount of work,-if continuation of work is required in order to prevent material damage or threat to the life and health of people-if it is necessary to avert damage to work equipment that would otherwise result in suspension of work,-if it is necessary in order to ensure the safety of people and property and the safety of traffic,-in case of force majeure-in other exceptional, urgent and unforeseen cases provided by the law or by the branch collective agreement.

Employment Relationships Act §143(1), 144

Limits on overtime hours

General limits

8 hours per week, 20 hours per month and 180 hours per year

Employment Relationships Act §143(3)

Historical data (year indicates year of data collection)

2011: Overtime work may not exceed eight hours a week, 20 hours a month and 170 hours a year.
A working day may not exceed ten hours including overtime.
Such daily, weekly and monthly limit may be regarded as an average limitation over the period stipulated by the law or a collective agreement and may not exceed six months.
In agreement with the worker, overtime work may exceed the annual limit of 170 hours a year, up to maximum a total of 230 hours a year.
In each case of overtime work ordered in excess of 170 hours a year, the employer must obtain the written consent of the worker.

2007: 8 hours per week, 20 hours per month and 180 hours per year

1995: n.a.

Restrictions/exceptions

The overtime limits do not apply to managerial staff and workers, who conduct work units and are authorised to make autonomous decisions.

Employment Relationships Act §157

Compensation for overtime work

Overtime rate(s)

Extra payment (not specified), to be determined by collective agreements.

Employment Relationships Act §128(1 and 2)

Historical data (year indicates year of data collection)

2011: The worker is entitled to extra payments for the performance of overtime work to be determined by collective agreements.

2007: Determined by collective agreements.

1995: n.a.

Special categories

Part-time work

Unless otherwise stipulated in the employment contract, the employer may not impose on the part-time worker work exceeding the agreed working hours, with the exception of cases of force majeure.

Employment Relationships Act §64, 144

Young workers

Overtime work may not be imposed on a worker of under 18 years of age.

Employment Relationships Act §145(2)

Pregnant workers/recent birth

A female worker may not carry out overtime work or night work during pregnancy and another year after she has given birth and throughout the breast -feeding period if the risk assessment of such work indicates risk to her and her child`s health.

Employment Relationships Act §190(2)

Carers

A worker who takes care of a child under the age of three, may be ordered to work overtime only upon his written consent.

Employment Relationships Act §190(3)

SCHEDULES

General

Distribution and the conditions for temporary redistribution of working time shall be defined in the employment contract in accordance with the law and the collective agreement.

Employment Relationships Act §147(1)

REST PERIODS

Rest breaks

General provisions

30 minutes, included in the working time.Rest breaks may not be taken earlier than after one hour of work and not later than one hour prior to the end of the working day.

Employment Relationships Act §154(1)(4)(5)

Historical data (year indicates year of data collection)

2011: A worker, who works full-time, shall have the right to a break of 30 minutes, included in the working time.
Rest breaks may not be taken earlier than after one hour of work and not later than one hour prior to the end of the working day.

2007: Rest breaks may not be taken earlier than after one hour of work and not later than one hour prior to the end of the working day.

2007: 30 minutes

1995: To be laid down in proportion to the length of the working day.

Special categories

» Part-time work

A worker, who works part-time for at least four hours a day, shall have the right to a break during daily working time in proportion to the time spent at work.

Employment Relationships Act §154(2)

» Young workers

30 minutes for young workers under the age of 18 years who work at least four and a half hours per day.

Employment Relationships Act §196(2)

Daily rest periods

Duration

12 hours

Employment Relationships Act §155(1)

Historical data (year indicates year of data collection)

2011: A worker shall have the right to a rest of at least 12 uninterrupted hours within a period of 24 hours.

2007: 12 hours

1995: No legal provision.

Exceptions

A worker who works in uneven distribution or temporarily redistributed working time shall have the right to a daily rest of at least 11 hours within a period of 24 hours.

Limitations of working time do not apply to managerial staff and workers, who conduct work units and are authorised to make autonomous decisions.

Branch collective agreements or the law may foresee that average minimum daily rests are assured within a longer time period, not exceeding six months, in case where the nature of work requires permanent presence, or when the nature of activity required continuous provision of work or services or when uneven or increased volume of work is foreseen.

Employment Relationships Act §155(2), 157, 158

Special categories

» Young workers

12 hours for young workers under the age of 18 years old

Employment Relationships Act §196(3)

Weekly rest periods

Duration

» General

1 day in average over a period of 14 consecutive days.

Employment Relationships Act §156

Historical data (year indicates year of data collection)

2011: In addition to the daily rest period, every worker shall enjoy a weekly rest period of at least 24 uninterrupted hours.
Such duration of the weekly rest shall be regarded as an average in the period of 14 successive days.

2007: 1 day

1995: No legal provision.

» Exceptions

The limitations of working time do not apply to managerial staff and workers, who conduct work units and are authorised to make autonomous decisions. The branch collective agreement or the law may stipulate that the average weekly rest can be averaged over a period of six months, when the nature of work requires permanent presence, when the nature of activity requires continuous provision of work or services or when uneven or increased volume of work is foreseen.

Employment Relationships Act §157, 158(3)(4)

Work on weekly rest day

» Compensation (for working on a rest day)

Should a worker have to work on the day of a weekly rest due to objective, technical and organisational reasons, he shall be ensured a weekly rest on some other day in a week.

Employment Relationships Act §156(2)

Special categories

» Young workers

2 days

Employment Relationships Act §196(4)

ANNUAL LEAVE AND PUBLIC HOLIDAYS

ANNUAL LEAVE

Qualifying period

6 months service

Employment Relationships Act §161

Duration

» General

4 weeks

Employment Relationships Act §159(1)

Historical data (year indicates year of data collection)

2011: A worker shall have the right to annual leave in an individual calendar year, which may not be shorter than 4 weeks, regardless of whether he works full time or part time.
The minimum number of days of a worker's annual leave shall depend on the distribution of working days within week in respect of an individual worker.

2007: 4 weeks

1995: 18 working days.

» Exceptions

An older worker, a disabled person, a worker with at least 60 % physical impairment, and a worker, who takes care of a physically or mentally handicapped child, shall have the right to at least three additional days of annual leave. A worker shall have the right to one additional day of annual leave for every child under the age of 15.

Employment Relationships Act §159(2)(3)

Payment

» Amount

At least the amount of the minimum wage.

Employment Relationships Act §131

Schedule and splitting

It shall be possible to take the annual leave in several parts, whereby one part shall consist of at least two weeks. Workers can split annual leave days and must take at least two weeks of annual leave and may accumulate with agreement between the parties the rest to next year by 30 June, by which date employers are obliged to ensure that leave is taken.

Employment Relationships Act §163(1)(2)

Special categories

» Night work

The employer must ensure the night workers longer annual leave.

Employment Relationships Act §150(3)

» Young workers

A worker under the age of 18 shall have the right to annual leave prolonged by seven working days.

Employment Relationships Act §198

» Part-time work

The part-time worker shall be entitled to the annual leave of at least the general duration.

Employment Relationships Act §64(4), 159

PART-TIME WORK

Limits

Overtime work

Unless otherwise stipulated in the employment contract, the employer may not impose on the part-time worker work exceeding the agreed working hours, with the exception of cases of force majeure.

Employment Relationships Act §64, 144

Rest breaks

A worker, who works part-time for at least four hours a day, shall have the right to a break during daily working time in proportion to the time spent at work.

Employment Relationships Act §154(2)

Annual leave

The part-time worker shall be entitled to the annual leave of at least the general duration.

Employment Relationships Act §64(4), 159

Right to equal treatment

Right/scope

The worker who concluded a part-time employment contract shall have the same contractual and other rights and obligations arising from employment relationship as the worker who works full time.

Employment Relationships Act §64

NIGHT WORK

Criteria for night work

Work between 11 p.m. and 6 a.m. A night worker is a worker who works at night at least three hours of his daily working time and/or on third of full annual working time, shall have the right to special protection as a night worker.

Employment Relationships Act §149, 150

Limits

Daily hours limit

In a period of four months, the working time of a night worker may not exceed on average eight hours a day. A branch collective agreement can stipulate that the averaging period is prolonged up to six months.The working time of a night worker, who performs a work, when according to the risk assessment there is a higher risk of injuries or damage to health, may not exceed eight hours a day.

Employment Relationships Act §151, 158

Schedule

If the work, organised in shifts, includes a night shift, the employer is obliged to assure the periodical rotation of shifts. A worker in one shift may not work at night longer than one week. In the framework of such organisation of work, the worker may work at night for a longer period of time only if he explicitly agrees with such work in writing.

Employment Relationships Act §150

Annual leave

The employer must ensure the night workers longer annual leave.

Employment Relationships Act §150(3)

Workers' health

If, according to the opinion of a health commission, such work could deteriorate the workers health, the employer shall be obliged to transfer him to a suitable day work.

Employment Relationships Act §150(2)

Special categories

Young workers

Should a worker under the age of 18 work at night, the employer must ensure the worker a suitable rest over the following three weeks.

Employment Relationships Act §197(4)

Pregnant workers/recent birth

A female worker may not carry out night work or night work during pregnancy and another year after she has given birth and throughout the breast -feeding period if the risk assessment of such work indicates risk to her and her child`s health.

Employment Relationships Act §190(2)

Parents

A worker who takes care of a child under the age of three, may be ordered to night work only upon his written consent.

Employment Relationships Act §190(3)

Women

In general, the employer in the area of industry or construction may assign female workers to night work only in specific circumstances.

Employment Relationships Act §153

Remarks: These specific circumstances are:-if they are members of his family,-if they carry out work of a managerial character or conduct work units or carry out work related to the provision of safety, health, or social protection of workers,-if such work is necessary due to force majeure or in order to prevent the damage to raw material or other quickly perishable material; the employer must notify the competent labour inspector of such work within 24 hours after its introduction,-if such work has previously been assessed as being in the national interest and exploitation approved by the minister responsible for labour.

SHIFT WORK

Daily rest period

The law or branch collective agreements may stipulate that the average minimum daily and weekly rests as laid down by law shall in cases of shift work be assured within a longer time period, which should, however, not exceed six months.

Employment Relationships Act §158(2)

SHORT-TIME WORK/WORK-SHARING

General provisions

No data available.

Remarks: Secondary sources provide that a new act providing subsidies to companies working short hours passed parliament on 14 January 2009. It stipulates that companies shortening the working week from 40 to 36 hours get Euro 60 per worker in monthly subsidies. They will be eligible for another Euro 60 per employee if they agree with in-company unions to shorten the week to 32 hours. This Act was not available in English.

RIGHT TO CHANGE WORKING HOURS

Type of changes permitted

Reasons for request

Parents

The employer shall be obliged to ensure a worker the right to absence from work or to part-time work because of applying parental leave provided by the law.

Employment Relationships Act §191(1)

Older workers

A worker of over 55 years of age shall have the right to enter part-time employment relationship and/or the right to begin to work part-time if he has partially retired.

Employment Relationships Act §201, 202

Procedure

Parents

The worker shall be obliged to inform the employer on the beginning and the way of exercising the rights referred to in the previous paragraph within 30 days before the exercise of the rights unless otherwise provided by the Act regulating parental leave.

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